Blow to AAP as Supreme Court validates Delhi Lt Governor’s independent powers

DELHI, AUG 5 : The Supreme Court stated on Monday that Delhi’s Lieutenant Governor has the power to nominate members to the Municipal Corporation of Delhi (MCD) without consent from the government.

The Court ruled that the power came from the Delhi Municipal Corporation Act, so the Lt Governor didn’t need to follow the advice of the Delhi government. Since it is a statutory power and not an executive one, the Lieutenant Governor had to follow the statutory mandate, not as per the advice of the Delhi Government.

“It is incorrect to suggest that power in Delhi Lt Governor was semantic lottery. It is the law made by the parliament, it satisfies the discretion exercised by Lt Governor since law requires him to do so and falls under exception of article 239. It was 1993 MCD Act which first vested the power to nominate on Lt Governor and is not a relic of the past,” the court stated.

Amid controversy over the nomination of 10 aldermen to the MCD, a Bench consisting of CJI Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala reserved the verdict on May 17, 2023, regarding Lt Governor VK Saxena’s decision to nominate 10 aldermen without the advice of the council of ministers.

The apex court pronounced its verdict on Delhi Government’s petition seeking the quashing of notifications through which the Lt Governor nominated 10 members to MCD on his own initiative, instead of on aid and advice of the Council of Ministers.

In its plea, the Delhi government stated that the Lt Governor could not circumvent the elected government and make appointments to MCD on his own.

-PTI